BILL NUMBER: AB 1627	CHAPTERED  10/10/99

	CHAPTER   857
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN ASSEMBLY   APRIL 7, 1999

INTRODUCED BY   Assembly Member Machado

                        FEBRUARY 26, 1999

   An act to amend Section 17071.10 of the Education Code, relating
to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1627, Machado.  School facilities:  Tracy Joint Unified School
District.
   Existing law, the Leroy F. Greene School Facilities Act of 1998,
authorizes the State Allocation Board to apportion funds to school
districts for the purposes of new school facilities construction and
the modernization of school facilities.  Existing law requires the
State Allocation Board to determine the maximum total new school
construction grant eligibility of applicant school districts.  The
amount is based, in part, on the baseline and ongoing school building
capacity.
   This bill would, notwithstanding the provision regarding baseline
school building capacity, authorize a school district newly formed or
reorganized pursuant to an election that occurred on or after
November 4, 1998, to calculate its existing school building capacity
pursuant to regulations adopted by the State Allocation Board.
   This bill would deem the number of pupils enrolled at the Delta
Island Elementary School at the time of determining the existing
school building capacity of the Tracy Joint Unified School District
to be the number of pupils housed by grade level at the Delta Island
Elementary School.  The bill would also deem the number of pupils
enrolled at the Delta Island Elementary School at the time of
determining the ongoing eligibility for new construction of the Tracy
Joint Unified School District to be the number of pupils housed by
grade level at the Delta Island Elementary School and would prohibit
that number from exceeding the assumed capacity calculated pursuant
to existing law.  The bill would make a declaration of special
circumstances concerning the annexation of the Delta Island Union
Elementary School District by the Tracy Joint Unified School
District.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17071.10 of the Education Code is amended to
read:
   17071.10.  (a) The calculation determined by this article shall be
made on a one-time basis and will be used as the baseline for
eligibility determinations pursuant to this chapter.
   (b) Each school district that elects to participate in the new
construction program pursuant to this chapter shall submit to the
board a one-time report of existing school building capacity.
   (c) Notwithstanding subdivisions (a) and (b), a school district
newly formed or reorganized pursuant to an election that occurred on
or after November 4, 1998, may calculate its existing school building
capacity pursuant to regulations adopted by the State Allocation
Board.
  SEC. 2.  In calculating the existing school building capacity of
the Tracy Joint Unified School District pursuant to this article, the
number of pupils housed by grade level at the Delta Island
Elementary School shall be deemed to be the number of pupils enrolled
at that school at the time of determining the existing school
building capacity of the Tracy Joint Unified School District.
  SEC. 3.  In calculating the ongoing eligibility for new
construction funding of the Tracy Joint Unified School District
pursuant to this article the number of pupils housed by grade level
at the Delta Island Elementary School shall be deemed to be the
number of pupils enrolled at that school at the time of determining
the ongoing eligibility for new construction of the Tracy Joint
Unified School District, but that number may never exceed the assumed
capacity calculated for the Delta Island School pursuant to Section
17071.25.
  SEC. 4.  The Legislature finds and declares that, for Sections 2
and 3 of this act, a special law is necessary and that a general law
cannot be made applicable within the meaning of Section 16 of Article
IV of the California Constitution because of the unique circumstance
concerning the annexation of the Delta Island Union Elementary
School District by the Tracy Joint Unified School District.  The
facts constituting the special circumstances are these:
   The Delta Island Union Elementary School District is located in
the rural agricultural part of San Joaquin County.  The Delta Island
Union Elementary School District which consists of the Delta Island
Elementary School is adjacent to the Tracy Joint Unified School
District and is in the process of being annexed to the Tracy Joint
Unified School District, the only unified school district in close
proximity to the Delta Island Elementary School.  The Delta Island
Union Elementary School District has less enrollment than it has
building capacity.  Once the Delta Island Elementary School District
is annexed to the Tracy Joint Unified School District, the Delta
Island Elementary School's excess capacity will be charged against
the Tracy Joint Unified School District when it applies for new
school facility construction funding from the state although it had
no responsibility for creating the excess capacity and it would be a
hardship to assign pupils residing in other parts of the Tracy Joint
Unified School District to attend the more remote Delta Island
Elementary School.  Therefore, it is the intent of the Legislature
that the Tracy Joint Unified School District not be penalized for the
excess capacity at the Delta Island Elementary School when it
applies for new school facility construction funding from the state.
